KICHHA SUGAR COMPANY LIMITED (UNDERTAKING OF THE GOVERNMENT OF UTTARANCHAL) THROUGH ITS EXECUTIVE DIRECTOR SHRI A.S. HAYANKI Vs. ORIENTAL GASES THROUGH ITS PROPRIETOR MR. SUNIL AGARWAL

JUDGEMENT

(1.) HEARD Sri Tanveer Alam Khan, counsel for the revisionist and Sri Sudhir Kumar, counsel for the respondents.

(2.) BY the present revision filed under Section 115 of the Civil Procedure Code, the revisionist has prayed for setting aside the order dated 17.12.2002 passed by the Civil Judge, Sr. Division, Udham Singh Nagar in Civil Suit No. 46 of 2000 on the application filed by the defendant bearing No. 46 Ka by which the amendment in the form of Counter Claim has been allowed.

(3.) ACCORDING to the case of the plaintiff, the defendant was offered to supply of the gas cylinder to the plaintiff. On 01.08.1997, the defendant issued a letter in response to offer to supply Oxygen Gas Cylinders having 1800 to 2000 L.B.S. pressure at the rate of Rs. 19.50 per cubic mtr. and dissolved Acetylene Gas Cylinders having capacity of 1.5 kg. Pressure equal to 1 cubic meter at the rate of Rs. 138.00 per cubic mtr. In the terms and conditions of the purchase order it was clearly mentioned by the plaintiff that the pressure of Cylinders of Oxygen should be 1800 to 2000 L.B. S. and in case under the circumstances the Cylinders have less than specified pressure are accepted, proportionate deductions regarding downfall of the pressure shall be made from the bill of the defendant.